[2025:RJ-JP:8939] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1781/2010 National Insurance Company Ltd., Divisional Office Ist, Shanti Sadan, Church Road, Jaipur having it’s Regional Office at Ambedkar Circle, L.I.C. Building, Jaipur through Regional Manager. ----Appellant Versus 1. Smt. Barma Devi, widow of Dev Naraian, aged about 25 years, 2. Smt. Phooli Devi, wife of Gajanand, aged about 47 years, 3. Gajanand Son of late Moti Lal, aged about 51 years, 4. Kum. Anokhi, daughter of Gajanand, aged about 9 years, minor through her father and natural guardian Gajanand, Respondent no. 1 to 4 all residents of village Gojyari, Tehsil Malarna Doongar, District Sawai Madhopur (Raj.) ---- Claimants-Respondents 5. Jitendra Kumar Sharma, son of Shankar Lal Sharma, resident of Purohit Para, Lalsot, District Dausa (Raj.) 6. Manoj, son of Srinarain, resident of House No.92 near Mataji Mandir, Ward No.1, Lalsot, District Dausa (Raj.) -----Non Claimants-Respondents. For Appellant(s) : Ms. Raj Sharma, Adv. For Respondent(s) : None HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/02/2025 1. This appeal has been filed against the judgment dated 24.04.2010 passed by learned Additional District Judge, Fast Track No.9, Jaipur City, Jaipur (hereinafter referred to as the ‘Tribunal’) in Claim Case No.384/2009 in the matter of Smt. Burma Devi & Ors. Vs. Jitendra Kumar Sharma & Ors., on the ground that the learned Tribunal has awarded compensation on a higher side which has to be quashed and appropriate compensation should be passed. [2025:RJ-JP:8939] (2 of 2) [CMA-1781/2010] 2. As per the brief facts of the case, deceased-Dev Naraian was said to be agriculturist and was earning Rs.6,000/- per month by selling milk and by agricultural work. Age of the deceased was 25 years and there were four dependents on the date of the accident. Learned Tribunal has fixed the income of the deceased to be Rs.4,000/- per month, which cannot be said to be on higher side. It is also evident from the judgment that no income has been added under the head of future prospects. It is clear that under the head of consortium only Rs.5,000/- to each of the claimants has been awarded, which is also on a lower side and cannot be said to be on a higher side. Under the head of funeral expenses only Rs.5,000/- has been awarded and no amount has been awarded under the head of loss of estate. Thus, total award of Rs.6,37,000/- has been passed in favour of the respondents-claimants. 3. In the light of the judgment passed by the Hon’ble Supreme Court in the cases of National Insurance Company Limited Versus Pranay Sethi and others reported in (2017) 16 SCC 680 and Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr. reported in (2009) 6 SCC 121, the award passed by the learned Tribunal cannot be said to be on a higher side, therefore, there is no merit in this appeal and the same is liable to be dismissed. 4. Accordingly, the appeal is dismissed. 5. Stay application also stands disposed of. (ASHUTOSH KUMAR),J Mohita /272